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  •  Recent Legislation  

    Public Law 107-295
    Maritime Transportation Security Act of 2002
    See also the Summary of the Act prepared by Congress. 

    Public Law 106-229
    Electronic Signatures in Global and National Commerce Act
    The Act providing for the validity of electronic signatures and records came into effect on October 1, 2000.

    Public Law 105-277, Title II, Division C 
    American Fisheries Act of 1998
    See also the Maritime Administration's Program page and the National Marine Fisheries Service page concerning the Act.

    Public Law 105-258
    Ocean Shipping Reform Act (OSRA) of 1998
     
     
     United States Constitution
     Top

    United States Constitution
    The Constitution's grant of Admiralty and Maritime jurisdiction is at Article III, Section 2
    The Congressional Research Office's case annotations to the Constitution's grant of Admiralty and Maritime jurisdiction under Article III are available at Findlaw. See also the copy of the Constitution at the Cornell Legal Information Institute.
     
     
     United States Code
     Top

         Each law or statute (commonly called an "Act", e.g., the "Ocean Shipping Reform Act of 1998") that is signed by the President is assigned a public law number and is printed as a "slip law." At the end of each session of Congress, the public laws are compiled into bound volumes called the Statutes at Large. Public laws are then incorporated into the United States Code, which is a codification of the statutory laws of the United States.

    United States Code (U.S.C.)
    This is a searchable copy of the United States Code that is online at the Cornell Legal Information Institute.  See also the copies of the U.S.C. available at the Findlaw and United States Congress sites. The entire U.S.C. is downloadable in text format at the Congressional site. The Government Printing Office (GPO) Access site maintains a copy of the U.S.C., which is perhaps the best site for browsing the Code's contents. Public Laws from 1995 to present are also available at the GPO Access site. The following links to specific U.S.C. sections concerning admiralty and maritime law are directed to the GPO database:


    Title 9 U.S.C. -- ARBITRATION

    CHAPTER 1--GENERAL PROVISIONS (9 U.S.C. 1-16)

    CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (9 U.S.C. 201-208)

    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION (9 U.S.C. 301-307)


    Title 10 U.S.C. -- ARMED FORCES

    Includes: the provision on Arming of American Vessels during War, 10 U.S.C. 351; Chapter 22 on Maps, Charts & Geodetic Products, 10 U.S.C. 451-456, including section 456, which bars claims against the US government based on the content of a navigational aid prepared by the National Imagery and Mapping Agency (ex-DMA); Chapter 637 on Salvage Facilities, 10 U.S.C. 7361-364; Chapter 653 on Admiralty and Salvage Claims, 10 U.S.C. 7621-623; and Chapter 655 on Prize Proceedings, 10 U.S.C. 7651-681.


    Title 14 U.S.C. -- COAST GUARD

    PART I--REGULAR COAST GUARD
    CHAPTER 1--ESTABLISHMENT AND DUTIES

    CHAPTER 3--COMPOSITION AND ORGANIZATION

    CHAPTER 5--FUNCTIONS AND POWERS

    Includes the provision on Law Enforcement, 14 U.S.C. 89.

    CHAPTER 7--COOPERATION WITH OTHER AGENCIES

    CHAPTER 9--COAST GUARD ACADEMY

    CHAPTER 11--PERSONNEL

    CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

    CHAPTER 15--REPEALED

    CHAPTER 17--ADMINISTRATION

    CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

    CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM

    PART II--COAST GUARD RESERVE AND AUXILIARY


    Title 15 U.S.C. -- COMMERCE AND TRADE

    Includes: Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001-31.


    Title 28 U.S.C.-- JUDICIARY AND JUDICIAL PROCEDURE

    Includes: Interlocutory appeals in admiralty cases, 28 U.S.C. 1292(a)(3); United States District Court jurisdiction, 28 U.S.C. 1330-68, including admiralty and maritime jurisdiction under 28 U.S.C. 1333; the Foreign Sovereign Immunities Act (1976), 28 U.S.C. 1602-1611, which includes section 1605(b-d) re: enforcement of maritime liens and mortgages; Service of Process in Foreign and International Litigation, 28 U.S.C. 1696; Letters Rogatory/Assistance to Foreign Tribunals/Subpoenas in Foreign Countries, 28 U.S.C. 1781-83; Actions against the United States, 28 U.S.C. 2401-16; the Federal Tort Claims Act, 28 U.S.C. 2671-80.


    Title 33 U.S.C. -- NAVIGATION AND NAVIGABLE WATERS

    CHAPTER 1--NAVIGABLE WATERS GENERALLY

    CHAPTER 2--INTERNATIONAL RULES FOR NAVIGATION AT SEA

    CHAPTER 3--NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY

    CHAPTER 4--NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS

    CHAPTER 5--NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES

    CHAPTER 5A--EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION RULES

    CHAPTER 6--GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT

    CHAPTER 7--REGULATIONS FOR THE SUPPRESSION OF PIRACY

    CHAPTER 8--SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS

    CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY
    Includes the Rivers and Harbors Appropriation Act, 33 U.S.C. §§ 401 et seq., and the Wreck Act, 33 U.S.C. 409, 411, 414-15.

    CHAPTER 10--ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

    CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS

    CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY

    CHAPTER 13--MISSISSIPPI RIVER COMMISSION

    CHAPTER 14--CALIFORNIA DEBRIS COMMISSION

    CHAPTER 15--FLOOD CONTROL

    CHAPTER 16--LIGHTHOUSES

    CHAPTER 17--NATIONAL OCEAN SURVEY

    CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
    The Longshore and Habor Workers' Compensation Act, 33 U.S.C. 901-950.

    CHAPTER 19--SAINT LAWRENCE SEAWAY

    CHAPTER 20--POLLUTION OF THE SEA BY OIL

    CHAPTER 21--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA

    CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

    CHAPTER 23--POLLUTION CONTROL OF NAVIGABLE WATERS

    CHAPTER 24--VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

    CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
    The Ports and Waterways Safety Act, 33 U.S.C. 1221-1236.

    CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
    The Federal Water Pollution Control Act, 33 U.S.C. 1251, et. seq.

    CHAPTER 27--OCEAN DUMPING

    CHAPTER 28--POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION
    The Intervention on the High Seas Act, 33 U.S.C. 1471-1487.

    CHAPTER 29--DEEPWATER PORTS

    CHAPTER 30--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
    See also the U.S. Coast Guard's site on the Inland and International Navigation Rules (COLREGS).

    CHAPTER 31--OCEAN POLLUTION RESEARCH AND DEVELOPMENT AND MONITORING 
    PLANNING

    CHAPTER 32--INLAND WATERWAYS TRUST FUND

    CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
    The United States codification of MARPOL 73/78.

    CHAPTER 34--INLAND NAVIGATIONAL RULES

    CHAPTER 35--ARTIFICIAL REEFS

    CHAPTER 36--WATER RESOURCES DEVELOPMENT

    CHAPTER 37--ORGANOTIN ANTIFOULING PAINT CONTROL

    CHAPTER 38--DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS

    CHAPTER 39--SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE

    CHAPTER 40--OIL POLLUTION
    The Oil Pollution Act of 1990 (OPA 90), 33 U.S.C. 2710-2761.

    CHAPTER 41--NATIONAL COASTAL MONITORING


    Title 42 U.S.C. -- THE PUBLIC HEALTH AND WELFARE

    Includes the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-675. See also the EPA's CERCLA summary and the EPA's CERCLA enforcement documents. 


    Title 43 U.S.C. -- PUBLIC LANDS

    Includes: Submerged Lands, including the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1301-56; the Abandoned Shipwreck Act, 43 U.S.C. 2101-06. See also the National Park Service Guidelines on the Abandoned Shipwreck Act.


    Title 46 U.S.C. -- SHIPPING

    SUBTITLE I--GENERAL

    SUBTITLE II--VESSELS AND SEAMEN
    PART A--GENERAL PROVISIONS

    PART B--INSPECTION AND REGULATION OF VESSELS

    Includes the Federal Boat Safety Act of 1971, 46 U.S.C. 4301-11.

    PART C--LOAD LINES OF VESSELS

    PART D--MARINE CASUALTIES

    PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

    PART F--MANNING OF VESSELS

    Includes Pilotage statutes.

    PART G--MERCHANT SEAMEN PROTECTION AND RELIEF

    PART H--IDENTIFICATION OF VESSELS

    PART I--STATE BOATING SAFETY PROGRAMS

    PART J--MEASUREMENT OF VESSELS

    SUBTITLE III--MARITIME LIABILITY
    CHAPTER 301--GENERAL

    CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS

    Includes the Ship Mortgage Act of 1920.

    CHAPTER 315--RESERVED


    Title 46 U.S.C. Appendix -- SHIPPING 

    CHAPTER 1--ADMINISTRATION OF SHIPPING LAWS

    CHAPTER 2--DOCUMENTATION, RECORDING, AND MEASUREMENT

    CHAPTER 3--CLEARANCE AND ENTRY

    CHAPTER 4--TONNAGE DUTIES

    CHAPTER 5--DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

    CHAPTER 6--REGULATION AS TO VESSELS CARRYING STEERAGE PASSENGERS

    CHAPTER 8--LIMITATION OF VESSEL OWNER'S LIABILITY
    Includes the Harter Act, 46 App. U.S.C. 190-195, the Fire Statute, 46 App. U.S.C. 182 and the Limitation of Liability Act, 46 App. U.S.C. 181-189.

    CHAPTER 12--REGULATION OF VESSELS IN DOMESTIC COMMERCE

    CHAPTER 13--PASSPORTS AND PAPERS OF VESSELS ENGAGED IN FOREIGN COMMERCE

    CHAPTER 14--INSPECTION OF STEAM VESSELS

    CHAPTER 15--TRANSPORTATION OF PASSENGERS AND MERCHANDISE BY STEAM VESSELS

    CHAPTER 18--MERCHANT SEAMEN
    The personal injury provision of the Jones Act, 46 App. U.S.C. 688., which is applicable to a "Jones Act Seaman."

    CHAPTER 19--WRECKS AND SALVAGE

    CHAPTER 19A--ADMIRALTY AND MARITIME JURISDICTION
    The Extension of Admiralty Jurisdiction Act, 46 App. U.S.C. 740.

    CHAPTER 20--SUITS IN ADMIRALTY BY OR AGAINST VESSELS OR CARGOES OF UNITED STATES
    The Suits in Admiralty Act, 46 App. U.S.C.  741-752.

    CHAPTER 21--DEATH ON HIGH SEAS BY WRONGFUL ACT
    The Death on the High Seas Act ("DOHSA")46 App. U.S.C. 761-767, which includes section 763a setting the three year statute of limitations (or time bar) for maritime personal injury or death claims.

    CHAPTER 22--SUITS IN ADMIRALTY AGAINST UNITED STATES FOR DAMAGES CAUSED BY PUBLIC VESSELS OR FOR TOWAGE OR SALVAGE SERVICES
    The Public Vessels Act, 46 App. U.S.C. 781-790.

    CHAPTER 23--SHIPPING ACT

    CHAPTER 24--MERCHANT MARINE ACT, 1920
    Includes the cabotage provisions of the Jones Act, 46 App. U.S.C. 883.

    CHAPTER 24A--MERCHANT MARINE ACT, 1928

    CHAPTER 27--MERCHANT MARINE ACT, 1936

    CHAPTER 28--CARRIAGE OF GOODS BY SEA
    The Carriage of Goods by Sea Act ("COGSA"), 46 App. U.S.C 1300-1315, with the notice of loss and time bar (statute of limitations) provision at section 1303(6).

    CHAPTER 34--SAFE CONTAINERS FOR INTERNATIONAL CARGO

    CHAPTER 35--MARITIME ADMINISTRATION

    CHAPTER 36--INTERNATIONAL OCEAN COMMERCE TRANSPORTATION
    The Shipping Act of 1984  as amended by the Ocean Shipping Reform Act of 1998, 46 App. U.S.C. 1701-1719.

    CHAPTER 37--INTERNATIONAL MARITIME AND PORT SECURITY

    CHAPTER 38--MARITIME DRUG LAW ENFORCEMENT

    CHAPTER 39--MERCHANT MARINE DECORATIONS AND MEDALS


    Title 49 U.S.C. -- TRANSPORTATION

    Includes the Carmack Amendment, 49 U.S.C. 11706 and the Pomerene (Bills of Lading) Act, 49 U.S.C. 80101-116.


    Congressional Record
    The official record of the proceedings and debates of the United States Congress. See also the Congressional Record Index,
    which is an index of the daily issues of the Congressional Record and the History of Bills. 

    THOMAS (Library of Congress)
    An exceptional service provided by the Library of Congress that contains the latest information on federal legislation, bills, committee reports, etc. The site maintains an updated list of the latest enacted Public Laws, which is indexed by Congressional session. 

    GPO Access
    The Government Printing Office has a large online database of US Government legislative, statutory and regulatory documents (U.S.C., C.F.R., bills, committee reports, etc.). Public Laws are available from 1995 to present.

     
     
     State Statutes
     Top

    State Statutes re: Alternate Dispute Resolution
    ACornell Legal Information Institute

    State Statutes re: Navigation
    Cornell Legal Information Institute 

    State Statutes re: Insurance
    Cornell Legal Information Institute

    State Uniform Commercial Codes (U.C.C.)
    Cornell Legal Information Institute 

    Findlaw: State Law Resources
    This is a link to Findlaw's state law materials.  See also Cornell's state law page.

     
     
     Federal Regulations

         The Code of Federal Regulations (C.F.R.) is a codification of the rules published daily in the Federal Register by the Executive departments and agencies of the United States Federal Government. It is divided into 50 titles and each title is divided into chapters which usually bear the name of the issuing agency. The C.F.R. is revised on a rolling basis annually.

    Code of Federal Regulations (C.F.R.)
    A searchable copy of the Code of Federal Regulations made available by the Government Printing Office (GPO).  See also Cornell. The following links to specific Federal Regulations concerning admiralty and maritime law are primarily directed to the GPO database:

    19 C.F.R.
    Customs Duties

    Regulations pertaining to customs, including 19 C.F.R. Chapter 1, Part 4 concerning the boarding of vessels in foreign and domestic trade.

    29 C.F.R. (various sections)
    Occupational Safety and Health Administration (OSHA) standards, including those for shipyards, marine terminals and longshoring

    33 C.F.R.
    Navigation and Navigable Waters

    33 C.F.R. Chapter I, Parts 1-124 and Parts 125-199
    Coast Guard, Department of Transportation. Includes generally the regulations pertaining to vessel operations, including: Rules of  Practice, Procedure and Evidence for Administrative Hearings (Part 20); Aids to Navigation (Parts 62-70); COLREGS (Parts 80-88); Inland Navigation Rules (Parts 89-90); Financial Responsibility for Water Pollution (Vessels)(Part 139); Pollution Prevention Regulations for Vessels (Part 155); Ports and Waterways Safety (Part 160 et. seq.). The Inland and International Navigation Rules (COLREGS) are available for downloading at the United States Coast Guard, Office of Vessel Traffic Management site.

    33 C.F.R. Chapter II, Parts 203-384
    Corps of Engineers. Includes: navigation regulations for specific US ports and waterways (Part 207), wreck removal regulations (Part 245) and a definition of navigable waters of the United States (Part 329).

    33 C.F.R. Chapter IV, Parts 401-403
    Saint Lawrence Seaway Development Corporation

    40 C.F.R.
    Protection of the Environment

    46 C.F.R.
    Shipping

    46 C.F.R. Chapter I, Parts 1-199
    Coast Guard, Department of Transportation. Includes generally vessel inspection regulations and requirements; and the regulations concerning the investigation of marine casualties and marine personnel.

    46 C.F.R. Chapter II, Parts 200-499
    Maritime Administration, Department of Transportation. Includes generally the regulations affecting maritime carriers and subsidized vessel operators; and regulations concerning the mandatory position reporting system for vessels, hull insurance, and war risk insurance.

    46 C.F.R. Chapter IV, Parts 501-565
    Federal Maritime Commission. Includes generally the regulations affecting maritime carriers, ocean freight forwarders, marine terminal operators, passenger vessels, tariffs and service contracts.

    49 C.F.R., Parts 100-185
    Department of Transportation. Hazardous Materials Regulations. 

    See also the Department of Transportation site devoted to the transportation of hazardouus or dangerous materials.

    Federal Register
    The Federal Register from the GPO Access site. The Table of Contents of the latest daily issue is available for browsing. 

     
     
     Court Rules

    Federal Rules of Civil Procedure
    Rules of procedure for the United States District Courts. See particularly Rules 9(h) (pleading admiralty and maritime claims); 14(c) (admiralty third-party practice); 38(e) (admiralty claims and the right to a jury); 82 (admiralty claims re: jurisdiction and venue).

    Supplemental Federal Rules for Admiralty and Maritime Claims
    Supplemental Federal Rules of procedure for Admiralty and maritime claims. Rule A (Scope of Rules); Rule B (Attachment and Garnishment); Rule C (Actions in Rem); Rule D (Possessory, Petitiory, and Partition Actions); Rule E (Actions in Rem and Quasi in Rem; General Provisions); Rule F (Limitation of Liability). Note: Depending on the circumstance, Rules A-E may apply to what is commonly known as a "vessel arrest."

    Federal Rules of Evidence
    Rules of evidence for the United States Federal Courts.

    Federal Rules of Appellate Procedure
    Rules of procedure for the United States Courts of Appeals.

    Court Rules, Forms & Dockets
    LLRX.com. The definitive directory of individual court rules (federal and state) available on the internet, along with forms and docket information.

    See also the Courts page of this Guide for additional information.
     
     
     Arbitration Rules

    American Arbitration Association (AAA) Rules

    The Association of Maritime Arbitrators of Canada (AMAC) Rules

    China Maritime Arbitration Commission Arbitration Rules

    German Maritime Arbitrators' Rules

    International Chamber of Commerce (ICC) International Court of Arbitration Rules

    Lloyd's Salvage Arbitration Branch

    London Court of International Arbitration

    London Maritime Arbitrators Association Terms

    Society of Maritime Arbitrators (SMA) Rules
    The SMA also has Salvage Arbitration Rules and Mediation Rules.

    Tokyo Maritime Arbitration Commission Arbitration Rules

    UNCITRAL International Commercial Arbitration materials
    The model law, the UNCITRAL Arbitration Rules and related arbitration materials are available at the UNCITRAL site.


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